COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Monday, May 31, 2004 12:15 p.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good afternoon, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. At this time, I would ask everyone to stand for a moment of silence in honor of those who have given the ultimate sacrifice in order for us to have our freedom. I ask that we please have a moment of silent prayer. (Moment of silence.)
Thank you. I would ask that you remain standing, please. At this time, I would ask Reverend Mr. Juan F. Ramos to please deliver the invocation this afternoon.
Let us pray. Almighty God, shower the Members of this City Council with your grace of understanding, tolerance and love for one another as we make decisions on behalf of your Philadelphia people. Whatever the outcome today, dear Lord, let us respect each other and work towards better unity towards all Philadelphians. Father in heaven, watch over America's sons, daughters, husbands, wives, fathers and mothers in their hour of peril. Bring them home safely to their love ones. Wrap your loving arms around the wounded and bring to your side the ones who have lost their lives. Let their loved ones know the peace of mind from the pain of having lost those who were so dear to them. Let their children learn wisdom as they grow up without their mothers and fathers. In their honor and in honor of our service men and women from Philadelphia and the Delaware Valley region in Iraq, Afghanistan and elsewhere, I will recite the names of these honored dead. And when I have concluded, I would ask all of the Members of this Council and all here present to observe a moment of silence and pray for peace. Brian Faunce, Edward Brabazon, Maurice Johnson, David Bernstein, Christopher Coffin, Joseph Magglione, William Maher, III, Tamarra Ramos, Christopher Seifert, Anthony Sherman, Ryan Baker, Michael Curtin, Seth Dvorin, Adam Froehlich, Terry Hemingway, Marc Seiden, Philip Spakosky, Narson Sullivan, Brian McGinnis, Anthony Roberts, Jerrett Thompson, Joseph Garyantes, Sherwood Baker, Christopher Geiger, David Tapper, and Thomas Wallrup, Jr. May they rest in peace. Amen.
The Chair thanks Reverend Mr. Ramos for his very inspiring invocation. The next order of business is the approval of the Journal of the Meeting of Thursday, May 27, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 27, 2004, stand approved. (Duly seconded.)
It has and properly seconded that the Journal of the Meeting of Thursday, May 27, 2004, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it, the motion carries, and the Journal of the Meeting of Thursday, May 27, 2004, is approved. The next order of business is request for leave of absence. And the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leave of absence. But I would ask the indulgence of the Chair at this time if I could welcome two guests from County Tyrone in Northern Ireland, Joe and Monica Core (ph) who are here as guests of Council staff member Bill Ivers.
If they would stand, we would like to recognize you. (Applause.)
Welcome. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of Council, I welcome you to our Council Session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE
Thank you. The next order of business is the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended in order to permit the immediate consideration of resolutions at the time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Madam President, I have no bills or resolutions today.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I have no bills or resolutions today.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions this morning.
Thank you, Madam President. I offer one bill co-introduced by Councilwoman Brown.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance amending Chapter 19-2600 of The Philadelphia Code entitled "Business Privilege Taxes" by establishing a program under which a job creation tax credit will be given to certain businesses creating new jobs in the City of Philadelphia, all under certain terms and conditions.
It will be referred to the appropriate Committee. The Chair recognizes Councilman Ramos.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Clarke. Is he in the room? The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. As there are no reports from committees, the next order of business is the consideration of the Calendar. I understand we now have a transmittal from the Mayor. I would ask the Chief Clerk to please read the letter. THE
To the President and Members of the Council of the City of Philadelphia, I am pleased advise you that on May 31, 2004, I signed the following bill that was passed by Council at its Session on May 20, 2004: Bill No. 040207.
Thank you. There are no bills on the First Reading Calendar, therefore, the Chair now recognizes Councilwoman Blackwell for the the bills up on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today the budget bills, Bill No. 040009, 040010, 040012, 040019, 040021, 040022, Bill No. 040255, 040257, 040258, 040259, 040260, 040262, 040313, 040397, 040421, 040422, and 040423 are being called up for second reading and final passage. All other bills are being held.
Thank you. I would ask the Clerk to please read the title of Bill No. 040009. THE
An ordinance amending Chapter 19-1500 of the Philadelphia Code entitled "Wage and Net Profits Tax" by decreasing the rates of the tax by making technical amendments, changing the effective dates for rate change, and repealing certain provisions, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. please call the roll. THE
The vote 9-8. A majority of all members having voted in the affirmative, the bill passes. (Applause.) THE
The Clerk will please read the title of the Bill No. 040010. THE
An ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates, credits and ultimate tax computation for the business privilege tax by reducing certain tax rates, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Thank you, Madam President. Madam President, on this particular bill, there has been substantial discussion among leadership and other Members of Council. Today, a number of Members of Council were prepared to introduce amendments bill which we believe to be a reasonable compromise. We will not introduce that today after talking to the bill sponsor. It is believed that this bill will be back before us in the very near future, and I think we can all agree with that. What we'd like to do -- what you had I'd like to say today is that it is our hope that we will have some substantive discussion along with leadership and ultimately come up with a reasonable compromise. So as a result of that, we are prepared to sit down with any member of Council to discuss a reasonable amendment when this bill comes before us again today.
Thank you. Councilman Nutter, you wish to be recognized?
Thank you, Madam President. Madam President, I appreciate Councilman Clarke's comments. We have had a discussion. There are any number of ways that we can seek to address a variety of issues, whether it's Bill 10 or some of the other of us. I appreciate these amendments not being introduced, as I have not had an opportunity to look at them or analyze them. I think the larger issue that gets raised here, Madam President, is we do need to find a legitimate solution to the impasse at which we find ourselves, and I think it would be helpful if there were continued, less heat-filled discussions that look at the broader issues. And whether it's -- and I don't know what the new bill numbers are, but for the moment whether it's Bills 9, 10 and 12 or their soon-to-be cousins, I am prepared to engage in those legitimate discussions with, certainly, any members of Council as well as the Administration. I think the time for action has come, but we should take action today on what is in front of us. Thank you, Madam President
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, always view it sad when we as a body and as a City, the Administration and Council, can't come together in the spirit of true compromise and work out our differences. Obviously, that hasn't happened so far even though yourself as President, myself as Majority Leader and Councilman O'Neill as my Minority Leader have met with the Administration on several occasions. I am hopeful. And certainly it is our responsibility, we must get past this impasse. But I am hoping that in short order we will be able to come up with a compromise plan, as is our job and as we must do to move this City forward in a positive direction. Thank you.
Thank you. Again, I would ask the Chief Clerk to please call the roll on Bill No. 040010. THE
A majority of all members having voted in the affirmative, this bill passes. The next bill being called for consideration is Bill No. 040012.
An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes" by amending the definition of net income to determine the net income of unincorporated businesses by allowing deductions of payments to certain proprietors or partners.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
A majority of Council having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 040019. THE
An ordinance amending Chapter 19-1400 of The Philadelphia Code entitled "Realty Transfer Taxes" by amending the definition of value to include deeds in lieu of foreclosure.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.